Enforcement Undertakings (EUs)
I am contacting you because we are aware that you may be considering contacting the Environment Agency, or others, about Enforcement Undertakings (EUs). I thought it might be of assistance if we explain a little more about EUs and to let you know where you can find further information.
Since 2011 the Environment Agency has had the power to impose civil sanctions and specifically to accept EUs as an alternative to prosecution for some (but not all) environmental offences. In short, an alleged offender can offer to enter a legally binding agreement to fund environmental work carried out by a third party, typically a charity or trust.
The Environment Agency is empowered by statute to decide whether to accept or reject an offered EU. This is considered on a case by case basis. Whilst alleged offenders are advised of eligible offences and where to find the relevant guidance, the Environment Agency is not able to invite EUs, nor give any indication as to what might be appropriate, until an EU has been formally offered.
The criteria we apply when considering whether to accept or reject an EU offer are set out in our Enforcement and Sanctions Guidance, available on the .gov.uk website here Environment Agency enforcement, sanctions and offences - Publications - GOV.UK. These include the culpability of the offender and harm caused, the compliance record of the offender, the need to change offender behaviour and the wider consideration of whether or not a prosecution is necessary in the public interest.
We are wholly in favour of projects that improve the environment and where we can, we are pleased to work with others to achieve this. However, our decision as to whether or not to prosecute or to accept an EU will take into account very many factors, including actions to restore the environment and repair damage but also the need for punishment and deterrence and whether or not the offer fully meets the polluter pays principle.
The only mechanism for any third party’s support (including the proposed benefiting charity or trust) to be considered as part of any EU is for it to be submitted by the offender as part of their EU offer. If you would like any comments and explanation to be considered as part of any offer, these need to be provided to the offender, so that they can form part of their EU offer and be given appropriate consideration.
We are always pleased to learn of the interest and support for work that improves the environment. I hope this information goes some way to explain that communications outside of the required due process will not be considered in our decision making.
The EUs that have been accepted are published on gov.uk here
Enforcement undertakings accepted by the Environment Agency - Publications - GOV.UKPlease contact us at
wtenquires@environment-agency.gov.uk if you have a general enquiry that is not addressed by the information in this e-mail or on gov.uk website at the links provided above. Please be aware that we are not able to provide any information to you on any specific EUs.
Please note: We have only contacted those that the Environment Agency have received communication from, either by directly contacting us or by copying us in to correspondence.
Yours Faithfully
Helen Page
Environment Management Team Leader
Land & Water, Thame & Upper Thames Valley
West Thames Area